CHAPTER 216
THE LAND DISPUTES COURTS ACT
[PRINCIPAL LEGISLATION]
.
Arrangement of Sections AG
 O
n o
f
Section Title iss
io
m
part i r
 pe
PRELIMINARY PROVISIONS uto
ith
1. Short title. d w
2. Interpretation. ute
trib
 di
s
part ii  or
ESTABLISHMENT AND JURISDICTION OF LAcNe
dD COURTS
u
3. Institution of land disputes. pro
d
4. Jurisdiction of magistrates’ courts. e r
e
y ba
part iiik m
THE VILLAGE LAoNob D COUNCIL
is 
Functions and Poweorsf  tohf the Village Land Council
 
5. Composition of village land cournt cil. 
 pa
6. Registrar. . N
o
7. Functions of village lan d
vde council. 
r
8. Procedure for mediastee ion. 
9. Reference of dishpsu
 rt te to ward tribunal. 
g
All r
i
 part iv
nia
.
THE WARD TRIBUNALS
nz
a
 Ta
f Jurisdiction, Powers and Procedure of the Ward Tribunal
10. t o
en Ward tribunal. 
rn1m1. Composition of Ward Tribunal. 
ov
e 12. Qualification of members. 
25
 G 13. General jurisdiction. 
20© 14. Procedure for mediation. 
15. Repealed. 
16. Repealed. 
17. Reference of disputes to tribunal. 
18. Appearance by advocate prohibited. 
93
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
19. Appeals from ward tribunal. 
20. Repealed. 
21. Repealed. 
part v .
THE DISTRICT LAND AND HOUSING TRIBUNAL AG
f O
A. Establishment of the District Land and Housing Tribunal  o
ion
22. Establishment of District Land and Housing Tribunal. ss
mi
23. Composition. er
t p
24. Opinion of assessors. outh
25. Appointment of Chairman. wi
d 
26. Appointment of assessors. uteb
27. Qualification of assessors. ist
ri
28. Appointment of Registrar.  or
 d
29. Appointment of tribunal brokers and process servers. d
ce
30. Establishment of Committee. u
rod
31. Power to make rules. p
 re
32. Places and times of meetings. y b
e
33. Proceedings and representation of parties.k ma
 
34. Registers and returns. o
 bo
35. Repealed. hist
 of
 
B. Jurisdictiopna 
rat nd Powers of the Tribunal
 
36. General jurisdiction. No
. 
37. Hearing of appeals. rve
d
38. Powers of District rLesa
end and Housing Tribunal. 
39. Revision. hts
 
g
All r
i
 
ia. part vi
anz THE HIGH COURT
n
40. Of Tr
aiginal jurisdiction of High Court. 
41. nt 
o
e Appeals of matters originating from Ward Tribunal. 
rn4m2. Procedure for Appeal. 
ov
e 43. Powers of Registrar on appeal. 
5 G2 44. Appeals and revision. 
©20 45. Extended jurisdiction. 
46. Powers of High Court on appeals. 
47. Supervisory and revisional powers. 
48. Powers of Registrar on revision. 
49. Substantial justice. 
94
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
50. Representation of parties. 
51. Appeal from High Court. 
part vii
APPEALS TO THE COURT OF APPEAL OF TANZANIA
G.
52. Appeals.  O
A
n o
f
io
part viii iss
MISCELLANEOUS PROVISIONS erm
t p
53. Laws to be applied. 
tho
u
54. Application of Customary Law. d w
i
55. Admissibility of evidence. te
bu
56. Limitation. ri
ist
57. Disestablishment of tribunals. r d o
58. Savings. d
ce
59. Protection of members and others. duro
60. Power to make regulations.  re
p
61. Amendment of other written laws.  bey
 m
a
SCHEDU k
 bo
oLE
is
of 
th
rt 
 pa
No
d. 
erv
e
 re
s
igh
ts
ll rA
nia
. 
a
an
z
of 
T
en
t 
ern
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Gov
 
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5
©2
95
CHAPTER 216
THE LAND DISPUTES COURTS ACT
.
An Act to provide for establishment of Land dispute settlement machinery AG
and for matters incidental thereto.  O
n o
f
[1st October, 2003s]iois
[GN. No. 223 of 2r0m03]
Acts Nos. 13 of 2017 GN. No. e
t p
2 of 2002 8 of 2018 225 of 2003 ou
12 of 2004 1 of 2021 ithw
11 of 2005 5 of 2021 d e
2 of 2010 11 of 2023 t
bu
4 of 2016 tris
 di
 or
ce
d
u
PART I rod
rep
PRELIMINARY e 
y  bPROVISIONS
a
 m
Short title 1. This Act may be cited  abos
o tkhe Land Disputes Courts Act.
hist
Interpretation 2. In this Act, unlesrst o t
f he context otherwise requires-
Acts Nos pa
2 of 2010 s. 19 “assessor” meanos  a person appointed to serve as an assessor 
N
13 of 2017 s. 4 under sectdi.o n 26(2);
5 of 2021 s. 44 rve“Chairmasne” means the chairman of a Village Land Council, 
a W re
ht
as rd Tribunal, District Land and Housing Tribunal or 
pll rei
grson who presides at proceedings of the Village Land 
A
ia.
 Council, the Ward Tribunal or District Land and Housing 
n
nz
a Tribunal;
Cap. 287  Ta
of “Council” has the meaning ascribed to it under the Local 
Cap. 288nt e Government (District Authorities) Act and the Local 
m
ern Government (Urban Authorities) Act;
v
 G
oCap. 113 “court” has the meaning ascribed to it by the Land Act;
5
20
2 “Court of Resident Magistrate” has the meaning ascribed to 
© Cap. 11 it by the Magistrates’ Courts Act;
“Customary Law” has the meaning ascribed to it by the 
Cap. 1 Interpretation of Laws Act;
96
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
“decision” includes a judgment, finding or ruling;
“dispute” includes any case where a person complains of and 
is aggrieved by the actions of another person, or any case 
in which a complaint is made in an official capacity or is .
a complaint against an official act;
OAG
“District Court” has the meaning ascribed to it by the  
n o
f
Cap. 11 Magistrates’ Courts Act; io
iss
“District Land and Housing Tribunal” has the mepaen
rming 
Cap. 113 ascribed to it by the Land Act; ou
t 
“High Court” means the High Court of Tanzania esitth w ablished 
d
Cap. 2 by Article 108 of the Constitution of the Ubnui
teted Republic 
of Tanzania; ist
ri
d
“land” includes the surface of the earthd a on
r d the earth below 
the surface and all substances othuced er than minerals and 
petroleum forming part of or ro
e pbelow the surface, things 
naturally growing on the  bel
 ar nd, buildings and other 
structures permanently a ay
 mffixed to land;
“magistrates’ court” hasb ot
ohke meaning ascribed to it by the 
Cap. 11 Magistrates’ Court ts
 
h isAct;
“member” means a o frt member of a Village Land Council or 
Ward Tribunoa pl;
a
“Minister” m . N
edeans the Minister responsible for land;
“order” inscerl
vudes warrant, summons or other process, and a 
e
dechrtse
 re, revisional or confirmatory order and any other 
f ig
llo rrmal expression of the division of a court or tribunal;
“iaP. 
Arimary Court” and “Primary Court Magistrate” have the 
n
Cap. 11 zan meaning ascribed to them by the Magistrates’ Courts Act;
f T
a
o “Principal Judge” has the meaning ascribed to it by the 
t 
Cap. 2 en Constitution of the United Republic of Tanzania;
rnme “proceedings” includes any application, reference, cause, 
Gov
 matter, suit, trial, appeal or revision, whether final or 
02
5
2 interlocutory, and whether or not between parties;
© “Registrar” means the Registrar or Deputy Registrar of 
the High Court and includes the Registrar or Assistant 
97
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
Registrar appointed under section 28 and the Registrar of 
Villages appointed under the Local Government (District 
Cap. 287 Authorities) Act;
“tribunal” means the ward tribunal established under the .
Ward Tribunals Act or, as the case may be, the District AG
O
Cap. 206 Land and Housing Tribunal established under this Act; of n 
“Ward Committee” means a ward committee establishesdiois  
Cap. 288 under the Local Government (Urban Authorities) Apec
rtm;
“village”, “village council”, “village land council”, “vouil
t lager” 
have the meaning ascribed to them by the Vi wlli
tahge Land 
Cap. 114 Act. ute
d
rib
dis
t
PART II or  
ed
ESTABLISHMENT AND JUduco RISDICTION 
OF LAND C p
 Ore Ur RTS
y b
e
Institution of land 3.–(1) Subject to section 177 a
k  mof the Land Act and section 62 of 
disputes
Act No. the Village Land Act, eveoro b y dispute or complaint concerning 
2 of 2010 s. 19 land shall be institutehdisf t  in the court having jurisdiction to 
Cap. 113
Cap. 114 determine land disprt oa utes in a given area.
(2) The cour Ntso
  pof jurisdiction under subsection (1) include-
(a) the vrviel
dl.age land council;
(b) th e
rees ward tribunal;
(c) tst he District Land and Housing Tribunal;
(ld ri
gh
 A
l ) the High Court; or
nia
. (e) the Court of Appeal of Tanzania.
nz
a
a
Jurisdictiono fo Tf 4.–(1) Unless otherwise provided by the Land Act, no 
magistreant
te s’ 
courts magistrates’ court established by the Magistrates’ Courts Act 
m
Cvaep
r.n 11 shall have civil jurisdiction in any matter under the Land Act 
GoCap. 113
5 Cap. 114 and the Village Land Act.
20
2 (2) Magistrates’ courts established under the Magistrates’ 
© Courts Act shall have and exercise jurisdiction in all 
proceedings of a criminal nature under the Land Act and the 
Village Land Act.
98
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
PART III
THE VILLAGE LAND COUNCIL
Functions and Powers of the Village Land Council
.
Composition 5.–(1) The village land council shall consist of seven members AG
O
of village land  
council of whom three shall be women, and each member shall be  of
on
nominated by the village council and approved by the Villaigsse
i  
Assembly. rm
 pe
(2) Qualification for nomination and appointthm
uto ent of 
members to the village land council shall be ads w 
istipulated 
Cap. 114 under section 60 of the Village Land Act. te
trib
u
dis
Registrar 6. The Registrar of village appointed r 
du onder section 23 of 
GN. No.
225 of 2003 the Local Government (District Audut
cheorities) Act shall be 
Cap. 287 responsible for the total administreapt
riove functions of all village 
land councils and ward tribunal bse 
 arnd shall-
(a) be the Chief Executi vme
a yof all village land councils and 
ward tribunals; oo
k
b
(b) be responsible  tfho
isr  estimates and expenditure; and
(c) advise local  oafrt uthorities on any matter regarding the 
a
functionso  op f village land councils and ward tribunals in 
their er
N
de. spective areas of jurisdiction.
rv
res
e
Functions of 7. Subjtes ct to section 61 of the Village Land Act, the functions 
village land gh
council of thl rei  village land council shall include-
l
Cap. 114 A
ia.
 (a) receiving complaints from parties in respect of land;
GN. No. an
225 of 2003 nz (b) convening meetings for hearing of disputes from 
f T
a parties; and
t o
en (c) mediating between and assisting parties to arrive at 
ern
m a mutually acceptable settlement of disputes on any 
Gov
 matter concerning land within its area of jurisdiction.
25
©20 Procedure for 8. Procedures for mediation by the village land council shall be 
mediation
Cap. 114 as stipulated under section 61 of the Village Land Act.
99
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
Reference of 9. Where the parties to the dispute before the village land 
dispute to ward 
tribunal council are not satisfied with the decision of the Council, the 
dispute in question shall be referred to the ward tribunal in 
Cap. 114 accordance with section 62 of the Village Land Act.
AG.
PART IV  of
 O
on
THE WARD TRIBUNALS si
mis
er
Jurisdiction, Powers and Procedure of the Ward Tribuutn 
pal
tho
Ward tribunal 10.–(1) Each ward tribunal established under  wtihe Ward 
Act No. d
13 of 2017 s. 5 Tribunals Act shall be a court for the purpose oufteib  this Act, the 
Cap. 113 Land Act and the Village Land Act and sha ldli sh
trave jurisdiction 
Cap. 114
Cap. 206 and powers in relation to the area in whic r
d ho  it is established.
e
(2) The provisions of the Ward Tridbu
cnals Act shall apply as 
appropriately modified by this Actr,e pa
rno d in the event of conflict 
between this Act and the Warde  y b Tribunals Act in relation to 
ward tribunals, the provisio a
kn ms of this Act shall apply.
o
 bo
Composition 11. Each tribunal sha ltlh 
ics onsist of not less than four nor more 
of Ward Tribunal than eight members oofCap. 206 rt f whom three shall be women who shall 
be elected by a wo apr
ad committee as provided for under section 
4 of the Ward T. Ned ribunals Act.
ervs
Qualification 12. Qutsa r
elification of members to the tribunal, tenure of 
of members
Cap. 206 mem h
l ri
gbership, and appointment of secretary shall be as 
par. o
Alvided for under the provisions of sections 5 and 6 of the 
ni
za Ward Tribunals Act.
an
f T
General nt 
o 13.–(1) Subject to the provisions of subsection (1) of section 
jurisdmicetion
Actr Nn o. 8 of the Ward Tribunals Act, the primary function of each 
e
o5v of 2021 s. 45 tribunal shall be to secure peace and harmony in the area for 
25
 GCap. 206 which it is established, by mediating between and assisting 
0
©2 parties to arrive at a mutually acceptable solution on any 
matter concerning land within its jurisdiction.
100
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
(2) The tribunal shall, in performing its function of 
mediation, have regard to-
(a) any customary principles of mediation;
(b) natural justice in so far as any customary principles of .
mediation do not apply; AG
O
(c) any principles and practices of mediation in which  of
 
n
members have received any training. iss
io
(3) The tribunal shall, in all matters attempt to repaec
rmh a 
settlement by mediation and may adjourn any procoeu
te dings 
relating to dispute in which it is exercising jurisd wiic
thtion if it 
d
thinks that by so doing a just and amicable setutlteb ement of the 
dispute may be reached. ist
ri
d
(4) Notwithstanding subsection (1), t r 
dh oe District Land and 
Housing Tribunal shall not hear any dpur
coe ceeding affecting the 
title to or any interest in land un ro
elpess the ward tribunal has 
certified that it has failed to settlee  r b the matter amicably:
Provided that, where th em awy ard tribunal fails to settle a 
land dispute within thirt ok
byo days from the date the matter was 
instituted, the aggrievtheis d  party may proceed to institute the 
land dispute withourtt o 
fthe certificate from the ward tribunal.
(5) The Minoi ps
ater responsible for legal affairs may, in 
consultation ewd
. iNth the Minister responsible for ward tribunals 
and Ministeervs r responsible for lands, make rules prescribing the 
e
conduhctst
  rand procedure of mediation of land disputes.
g
All r
i
Procedure for 1ia4. .–(1) The tribunal shall in all matters of mediation consist of 
mediation
za
nthree members at least one of whom shall be a woman.
an
f T (2) The Chairman to the tribunal shall select all three 
t o
en members including a convenor who shall preside at the 
ern
m meeting of the tribunal.
ov
 G (3) In the event of the equality of votes, the member presiding 
5
02 shall have a casting vote in addition to his deliberative vote.
©2 (4) The ward tribunal shall, immediately after settlement of 
a dispute record the order of mediation.
101
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
Repealed 15. [Repeal by Act No. 5 of 2021, s. 46]
Repealed 16. [Repeal by Act No. 5 of 2021, s. 46]
Reference of 17.–(1) A person may, subject to section 61 of the Village Land G.
disputes to 
tribunal Act, and sections 11, 12 and 13 of the Ward Tribunals Act, A
of 
O
Cap. 114 make a complaint to the Secretary of the tribunal.  
ion
Cap. 206 s
(2) When a complaint is made to the Secretary un is
rmder 
subsection (1), that Secretary shall cause it to be sub e
utm 
p itted 
to the Chairman of the tribunal who shall immediaitheoly select 
three members of the tribunal to mediate. ted
 w
(3) Where the complaint is received so
u
trribally from the 
complainant, the Secretary shall immediatoer 
dlyi  put it in writing 
and produce a copy for a complainant. d 
uc
e
rod
Appearance 18.–(1) No advocate as such may  arep
ppear and act for any party 
by advocate 
prohibited in a ward tribunal.  be
ay
GN. No. (2) Subject to the proviski omns of subsections (1) and (3) of 
225 of 2003 o
this section, a ward trib ubos nal may permit any relative or any 
i
member of the housf etho hold of any party to any proceeding, 
upon request of sucrth pa  party to appear and act for such party.
(3) In a pr.o Nc
oe eding in a ward tribunal to which a body 
corporate isr vae 
dparty, its director, secretary, member or a person 
in the em rep
seloyment of the body corporate and duly authorised 
in thiath tsg behalf, other than an advocate, may appear and act on 
beAhlla
 r
. lf of that party.
an
ia
Appeals from an
z 19. A person aggrieved by an order or decision of the ward 
ward tribunalT
t o
f tribunal may appeal to the District Land and Housing Tribunal.
en
Reepren
m
aled 20. [Repeal by Act No. 5 of 2021, s. 47]
v
5 G
o
02 Repealed 21. [Repeal by Act No. 5 of 2021, s. 47]
©2
102
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
PART V
THE DISTRICT LAND AND HOUSING TRIBUNAL
A. Establishment of the District Land and Housing Tribunal
.
Establishment of 22.–(1). The Minister shall, subject to section 177 of the Land AG
District Land and  O
Housing Tribunal Act and section 62 of the Village Land Act, establish in each  of
on
Cap. 113 district, region or zone, as the case may be, a court to be knowissn
i  
Cap. 114 as the District Land and Housing Tribunal. rm
 pe
(2) The court established under subsection (1) shal ut
thlo exercise 
jurisdiction within the district, region or zone in i
d w hich it is 
established. ibu
te
r
 di
st
Composition 23.–(1) The District Land and Housingd  To
rribunal established 
Act No.
13 of 2017 s. 6 under section 22 shall be composed ofd ua
cte least a Chairman and 
GN. No. not less than two assessors. ro
225 of 2003  re
p
(2) The District Land and H boeusing Tribunal shall be duly 
constituted when held by a  Cm
ahyairman and two assessors who 
shall be required to give ou k
bo
ot their opinion before the Chairman 
reaches the judgment.  
 th
is
(3) Notwithstan f
rdt oing the provisions of subsection (2), if 
a
in the course ofo  pany proceedings before the tribunal, either 
or both assess. oNed rs of the tribunal who were present at the 
commencseee mrv ent of proceedings is or are absent, the Chairman 
and thhets 
 rremaining assessor, if any, may continue and conclude 
the llp rir
goceedings notwithstanding such absence.
A
ia.
 
Opinion of n
nz
a 24. In reaching decisions, the Chairman shall take into 
assessors a
f T account the opinion of the assessors but shall not be bound by 
nt 
o
e it, except that the Chairman shall in the judgment give reasons 
ern
m for differing with such opinion.
Gov
5 
02 Appointment of 25.–(1) The Chairman of District Land and Housing Tribunal 
©2 Chairman
Acts Nos. shall be appointed from amongst legally qualified persons in 
12 of 2004 Sch. accordance with the Public Service Act.
5 of 2021 s. 48
Cap. 298 (2) The names of persons appointed as Chairmen under 
this section shall be published in the Gazette.
103
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
(3) The Chairman of the Tribunal shall before holding office 
take an oath before a Judge of the High Court.
(4) The provisions of subsection (3) shall not apply where 
a Resident Magistrate is appointed to be Chairman to the .
tribunal. AG
 O
 of
Appointment of 26.–(1) The Minister shall, after consultation with the Regionasilo 
n
assessors s
Commissioner, appoint not more than seven assessors threerme iof 
whom shall be women for each established District L t p
oaund and 
Housing Tribunal. ith
 w
(2) Subject to exemptions of section 27, any upte
drsons above 
the age of twenty-one years shall be eligible to isetris rbve as assessors.
(3) An assessor appointed under s uorb
 dsection (1) shall 
hold office for a term of three years anedduc  may be eligible for 
re-appointment. pro
d
(4) The Minister shall, from tim rebe e to time, make rules-
(a) regulating the area wiyt ma hin which a person may be 
summoned to serv k 
oeo as assessors;
(b) prescribing the hciso
 bnstitution and composition of panels 
t
of assessors;  of
 
rt
(c) prescribino pg
a forms for the purposes of summoning 
assesso.r Nd s;
(d) presesrc
veribing the conditions and other matters in respect 
so rf
e
t  the service of assessors.
h
l ri
g
Qualification of 27. A. 
lA person shall not be eligible to be nominated as an assessor 
assessors nia
za or continue as an assessor if he is-
n
 Ta (a) not ordinarily resident in the district;
f
nt 
o (b) a member of the National Assembly, district council, 
e
rnm village council, village land council or ward tribunal;
ve (c) a mentally unfit person;
5 G
o
02 (d) a person who has been convicted of a criminal offence 
©2 involving violence, dishonesty or moral turpitude; or
(e) not a citizen of the United Republic.
Appointment of 28.–(1) There shall be a Registrar who shall be appointed by 
Registrar
Act No. the President.
13 of 2017 s. 7
104
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
(2) A person shall not be appointed to be the Registrar 
unless he holds a degree in law from a recognised university 
and has experience in the field of law for the period of not less 
than ten years. .
GN. No. (3) The Registrar appointed under subsection (1) shall- AG
225 of 2003 O
(a) be responsible for the total administrative functions of  of
 
n
the District Land and Housing Tribunal; iss
io
(b) be the Chief Executive of the District Land and Hopue
rsming 
Tribunal; ut o
(c) be responsible for estimates and expenditur ew;ith
d
(d) advise the Minister on the fees payable foutreb  the services 
of the District Land and Housing Tribisutr
i
d nal; and
(e) perform any other duties as may bd oe
r  determined by the 
Minister. uc
e
d
(4) There shall be an Assistanept 
roRegistrars appointed by 
the Minister who shall performe  r b all such duties as may be 
determined by the Registrar. y
 m
a
(5) The Ministers shallb ho
oakve the power to appoint such other 
staff of the tribunal to  tph
ise rform functions as may be required.
f
art
 o
Appointment of 29. There shallo  pbe such number of tribunal brokers and 
tribunal brokers 
and process process servedr.s 
N appointed by the Committee from amongst 
servers court brok rve
GN. No. seers and process servers registered under the Court 
363 of 2017 Brokerts
e
s  rand Process Service (Appointment, Remuneration 
Act No. and iDghl r isciplines) Rules, for execution of decrees or orders 
5 of 2021 s. 49 Al
fiaa. lling within the jurisdiction of the tribunal.
n
za [s. 28A]
an
f T
Establishnmt 
oent of 30.–(1) There shall be established a committee to be known 
Commmiettee as the Appointment and Disciplinary Committee for Tribunal 
ve
rn
o Brokers and Process Servers.
5 G
02 (2) The Committee shall be composed of the following 
©2 members appointed by the Minister:
(a) a senior judicial officer representing Jaji Kiongozi who 
shall be a Chairman;
(b) a law officer representing the Attorney General;
105
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
(c) a senior officer with experience in land matters from 
the Ministry responsible for lands;
(d) a senior officer from the Ministry responsible for home 
affairs; .
(e) a senior officer from the President’s Office Public AG
O
Service and Good Governance; and  
n o
f
(f) one member representing court brokers. io
iss
(3) The Registrar shall be the secretary to the Commiptt eerme.
t
tho
[us. 28B]
wi
 
Power to make 31. The Minister may, in consultation with the tCedu hief Justice, 
rules make rules prescribing for- rib
ist
(a) the general guidance and control  oor
 df tribunal brokers 
and process servers; d
uc
e
(b) matters relating to tenurep ro
dof office of members, 
termination of appoinbtem
 reent, proceedings of the 
Committee and oth y 
mear procedural matters of the 
Committee; and ok
 
o
(c) generally for re b
hgisu
 lating affairs of tribunal brokers and 
t
process servret or
fs .
o p
a [s. 28C]
N
d. 
Places and times 32. A Distreirvc
et Land and Housing Tribunal-
of meetings (a) es
sm r ay be held at any place within its local limits of 
t
 rig
h jurisdiction; and
A(ll. b) shall sit at such times as may be necessary for the 
ia
za
n convenient and speedy discharge of the business of the 
 Tan tribunal.
of
nt [s. 29]
me
ern
oPvroceedings and 33. Proceeding of the District Land and Housing Tribunal shall 
5 Grepresentation of 
2 parties be held in public and a party to the proceedings may appear in 
20© person or by an advocate or any relative or any member of the 
household or authorised officer of a body corporate.
[s. 30]
106
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
Registers and 34. Every District Land and Housing Tribunal shall-
returns (a) keep such register or registers of all the proceedings 
filed, heard and determined in the tribunal as the 
Minister may, by regulations published in the Gazette, .
prescribe; G
OA
(b) submit to the Minister annual returns of all proceedings; of n 
and iss
io
(c) use seals or stamp of such nature and pattern aesr mp the 
Minister may direct. t 
tho
u
 w
i [s. 31]
d
ute
Repealed 35. [Repeal by Act No. 1 of 2021, s. 7] str
ib
r d
i
[s. 32]
ed
 o
uc
B. Jurisdiction and Powerpsr oo
df the Tribunal
re
General 36.–(1) The District Land and e 
y  bHousing Tribunal shall have 
jurisdiction
Act No. and exercise original jurisdicmtiak on-
13 of 2017 s. 8 (a) in all proceedings b uo
onder the Land Act, the Village Land 
Cap. 113
Cap. 114 Act, the Cusft toh
ims ary Leaseholds (Enfranchisement) 
Cap. 377 Act and thaert 
 oRegulation of Land Tenure (Established 
Cap. 267  p
GN. No. VillagesN) oAct; and
 
225 of 2003 (b) in allv esdu
. ch other proceedings relating to land under any 
wrsiee trten law in respect of which jurisdiction is conferred 
r
htso
 n a District Land and Housing Tribunal by any such 
ll r
ig
A law.
. 
nia (2) The jurisdiction conferred under subsection (1) shall be 
za
an limited-
 of
 T
t (a) in proceedings for the recovery of possession of 
men immovable property, to proceedings in which the value 
rn
ve of the property does not exceed three hundred million 
o
5 G shillings; and
022 (b) in other proceedings where the subject matter is capable 
© of being estimated at a money value, to proceedings in 
which the value of the subject matter does not exceed 
two hundred million shillings,
107
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
Cap. 377 Provided that, the pecuniary jurisdiction of the tribunal 
Cap. 267 shall be unlimited in proceedings under the Customary 
Leaseholds (Enfranchisement) Act and the Regulation of Land 
Tenure (Established Villages) Act. .
(3) The District Land and Housing Tribunal shall have AG
O
powers to execute its own orders and decrees. n o
f 
[s. 3is3s]
io
erm
Hearing of 37.–(1) The District Land and Housing Tribunal suht o apll, in 
appeals hearing an appeal against any decision of the ward tritih w bunal sit 
with not less than two assessors, and shall- d
ute
(a) consider the records relevant to the diestcr
iibsion;
(b) receive such additional evidence if ar nd o y; and
(c) make such inquiries, as it may duceee
dm necessary.
(2) A party to any proceeding app d
preoaled against may appear-
(a) personally; or  re
(b) by an advocate or any yr 
be
ma elative or any member of the 
household or authoorko i sed officer of a body corporate.
his
 b [s. 34]
 of
 t
t
Powers of 38.–(1) A Districat r p Land and Housing Tribunal hearing an 
District Land and 
Housing Tribunal appeal may- No
ed
. 
(a) conefirvrm the decision;
(b) sr er
evserse, or vary in any manner the decision;
(c ri)g 
htquash any proceedings; or
. A(
lld) order the matter to be dealt with again by the ward 
ia
za
n tribunal, and may, if it deems appropriate, give an order 
 Tan or direction as to how any defect in the earlier decision 
t o
f
n may be rectified.
e
rnm (2) The District Land and Housing Tribunal shall 
ov
e immediately after making the decision on appeal, record the 
 G
02
5 decision and the reasons thereof.
©2 [s. 35]
108
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
Revision 39.–(1) A District Land and Housing Tribunal may call for and 
examine the record of any proceedings of the ward tribunal 
for the purpose of satisfying itself as to whether in such 
proceedings the tribunal’s decision has- .
(a) not contravened any Act of Parliament, or subsidiary AG
O
legislation; or n o
f 
(b) not conflicted with the rules of natural justice; ansdiois  
whether the tribunal has been properly constitutpee
rdm or 
has exceeded its jurisdiction, and may revise aonu
ty  such 
proceedings. with
d 
(2) In the exercise of its revisional jurisdicbtuio
ten, a District 
Land and Housing Tribunal shall have all the ptroidis wers conferred 
upon it in the exercise of its appellate juridsod
r  iction.
ce
rod
u [s. 36]
 re
p
PART b eVI
y
THE HI mGaH COURT
oo
k
 b
Original 40.–(1) Subject to thef t hp
isrovisions of this Act, the High Court 
jurisdiction of 
High Court shall have and exercrt ioa se original jurisdiction-
Acts Nos. (a) in proc Neoe
 pdings for the recovery of possession of 
11 of 2005 s. 29 d.
13 of 2017 s. 9 immvoevable property in which the value of the property 
r
GNs. Nos. erxecs
eeeds three hundred million shillings;
41 of 1992 ts 
225 of 2003 (b) h in other proceedings where the subject matter capable 
ig
Cap. 38 ll r of being estimated at a money value in which the value 
Cap. 113 a. 
A
Cap. 118 ni of the subject matter exceeds two hundred million 
za
an shillings;
 T
t o
f (c) in all proceedings under the Tanzania Investment Act, 
enm the Land Act and the Land Acquisition Act in respect 
ernv of proceedings involving the Government;
5 G
o (d) in all proceedings involving Public Corporations 
02
©2 specified in the Rent Restriction (Exemption) (Specified 
Parastatals) Order; and in such other disputes of 
national interests which the Minister may by notice 
published in the Gazette, specify; or
109
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
(e) in all such other proceedings relating to land under 
any written law in respect of which jurisdiction is not 
limited to any particular court or tribunal.
(2) Where the High Court is not operational within any .
given district, the Land and Housing Tribunal shall have 
OAG
the jurisdiction to determine disputes involving public  of
 
n
corporations specified under subsection (1)(d). io
iss
[pse.
r m37]
ou
t 
Appeals 41.–(1) A party who is aggrieved by a decision owrit 
h
 order of 
of matters 
originating from the District Land and Housing Tribunal in the etexdu ercise of its 
Ward Tribunal appellate or revisional jurisdiction, may withisntr
i bi sixty days after 
Act No. the date of the decision or order, appeal to rt hdo e High Court:
2 of 2010 s. 21  
Provided that, the High Court may ed
u cfor good and sufficient 
cause extend the time for filing an a d
ppropeal either before or after 
such period of sixty days has expei b rreed.
(2) Every appeal to the mHa
yi gh Court shall be by way of 
petition and shall be filedoo 
kin  the District Land and Housing 
Tribunal from the decis ibhi on, or order of which the appeal is 
t
brought. f 
rt o
(3) Upon reoc ep
aipt of a petition under this section, the 
District Land . Nd and Housing Tribunal shall, within fourteen 
days disp e
saetrc
vh the petition together with the record of the 
proceedts irn
e gs in the ward tribunal and the District Land and 
Houl rsigi
hng Tribunal to the High Court.
. A
l
ia [s. 38]
n
za
Procedure fo r anT 42.–(1) Appeal to the High Court under section 41 shall be 
Appeal  of
Act No. nt heard by one Judge.
e
2 ofr n2m010 s. 19 (2) In any appeal, to the High Court under this section 
C
ov
aep. 11 in which any rule of Customary Law is an issue or relevant, 
25
 G
0 the High Court may refer any question of Customary Law to 
©2 an expert or panel of experts constituted in accordance with 
rules under the Magistrates’ Courts Act, but the High Court 
shall not be bound by the opinion of such expert or experts in 
determining the appeal.
[s. 39]
110
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
Powers of 43. Where an appeal is received in the High Court, a Registrar 
Registrar on 
appeal of the Court may exercise the powers as conferred upon him 
Cap. 33 under the Civil Procedure Code.
Act No.
2 of 2010 s. 21 [s. 40] .
AG
Appeals and 44.–(1) Subject to the provisions of any law for the time being of 
O
revision  
Acts Nos. in force, all appeals, revisions and similar proceeding from o ion
ssr 
2 of 2010 s. 21 in respect of any proceeding in a District Land and Houersmin
i g 
4 of 2016 s. 41 Tribunal in the exercise of its original jurisdiction suht 
p
o all be 
heard by the High Court. th
 w
i
(2) An appeal under subsection (1) may be ultoe
ddged within 
forty-five days after the date of the decision osrtr
ib
i  order:
Provided that, the High Court may, for d
 o rg
 ood cause, extend 
the time for filing an appeal either beforue
d
ce or after the expiration 
of such period of forty-five days. rod
ep
 be
 r [s. 41]
ay
Extended 45.–(1) Notwithstanding oske 
mction 44, the Chief Justice may, 
jurisdiction
Act No. after consultation with th beois  Minister responsible for legal affairs 
h
8 of 2018 s. 8 and the Attorney Ge onf
 teral, by order published in the Gazette, 
t
vest any resident r
  pamagistrate with the appellate or revisional 
jurisdiction odr. d
Nionarily exercisable by the High Court under 
this Act. rvee
(2) Forerss  the purpose of any appeal from or revision in the 
exer ht
 crigise of jurisdiction referred to under subsection (1), the 
re. sAi
lldent magistrate with extended jurisdiction shall be deemed 
nia
za to be the judge of the High Court, and court presided over by 
n
 Ta him while exercising such jurisdiction shall be deemed to be 
t o
f
n the High Court.
rnm
e (3) The High Court may direct that an appeal or revision 
ov
e instituted in the High Court be transferred to and be heard 
5 G
02 by a resident magistrate upon whom extended jurisdiction has 
©2 been conferred by this section.
[s. 41A]
111
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
Powers of High 46. The High Court shall in the exercise of its appellate 
Court on appeals
Act No. jurisdiction have power to take or to order the District Land 
2 of 2010 s. 21 and Housing Tribunal to take and certify additional evidence 
and whether additional evidence is taken or not, to confirm, .
reverse, amend or vary in any manner the decision or order AG
appealed against.  of
 O
[s. 42s]io
n
mis
er
Supervisory and 47.–(1) In addition to any other powers in that behalf count o fperred 
revisional powers
Act No. upon the High Court, the High Court- with
 
2 of 2010 s. 21 (a) shall exercise general powers of supervuites
dion over all 
District Land and Housing Tribunals ib
is tar nd may, at any 
time, call for and inspect the reco orrd
 ds of such tribunal 
and give directions as it cons ed
uicders necessary in the 
interests of justice, and all spuroc
dh tribunals shall comply 
with such direction witho e
beu
 rt undue delay;
(b) may in any proceedingmsa yd etermined in the District Land 
and Housing Tribuonk o al in the exercise of its original, 
appellate or revihsisi
 obnal jurisdiction, on application being 
t
made in tha f 
rtt  obehalf by any party or of its own motion, 
if it appeoa pr
as that there has been an error material to 
the mde. r
Nits of the case involving injustice, revise the 
prosecr
veeedings and make such decision or order therein 
e
tsa rs it may think fit.
(l2 ri)g 
hIn the exercise of its revisional jurisdiction, the High 
Al
Cia.o urt shall have all the powers in the exercise of its appellate 
anz jurisdiction.
 Tan [s. 43]
nt 
of
e
Powrnemrs of 48.–(1) A Registrar of the High Court may, for the purpose of 
Rveegistrar on 
orevision satisfying himself as to the correctness, legality or propriety of 
5 G
02 Acts Nos. any decision or order and as to the regularity of the proceeding, 
©2 2 of 2010 s. 21
13 of 2017 s. 10 call for and inspect the record of any proceedings in a District 
Land and Housing Tribunal and examine the records or 
registers thereof.
(2) Where the Registrar in any case after making the 
inspection and examination of the records under subsection 
112
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
(1), is of the opinion that, any decision or order is illegal or 
improper or any proceedings are irregular, may forward the 
record together with the report to the High Court so that it 
may consider whether or not to exercise its powers of revision. .
(3) Where the High Court has made any findings as to the 
OAG
correctness, legality or propriety of any decision, order or f 
n o
regularity of any proceedings on the matter forwarded toi sist
io 
under subsection (2), the High Court shall remit the fipel
rem to 
the District Land and Housing Tribunal within fourteoeu
tn  days 
from the date of the order. ith
ted
 w
bu [s. 44]
i
ist
r
Substantial justice 49. A decision or order of a ward tribunal  oor
 d District Land and 
Housing Tribunal shall not be reverse e
ucd dor altered on appeal 
or revision on account of any erro d
prr,o omission or irregularity 
in the proceedings before or d  re
buering the hearing or in such 
decision or order or on accouyn ma t of the improper admission 
or rejection of any evidenock o e unless such error, omission or 
irregularity or impropesr bhi  admission or rejection of evidence 
t
has in fact occasionrteod
f   a failure of justice.
o p
a [s. 45]
d. 
N
Representation of 50. In any pervo
e ceeding in the High Court, parties may appear in 
parties
Cap. 33 person so
s
 re by an advocate or other representatives in accordance 
t
Act No. with itghh e Civil Procedure Code.
2 of 2010 s. 21 ll r
GN. No. . A [s. 46]
a
225 of 2003 i
an
nz
of 
Ta
t 
Appemal efnrom 51.–(1) A person who is aggrieved by the decision of the 
Hiegrhn Court
Avcts Nos. High Court in the exercise of its original Appellate or revisional 
o
5 G2 of 2010 s. 21 jurisdiction may appeal to the Court of Appeal in accordance 
022 8 of 2018 s. 9
© 11 of 2023 s. 47 with the provisions of the Appellate Jurisdiction Act.
(2) Where an appeal to the Court of Appeal originates from 
the ward tribunal, the appellant shall be required to seek for 
the certificate from the High Court certifying that there is 
point of law involved in the appeal.
113
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
GN. No. (3) The procedure for appeal to the Court of Appeal under 
368 of 2009 this section shall be governed by the Court of Appeal Rules.
[s. 47]
.
PART VII AG
 O
APPEALS TO THE COURT OF  of
ion
APPEAL OF TANZANIA iss
 pe
rm
t
Appeals 52.–(1) Subject to the provisions of the Land Act anhdo 
uVillage 
Act No. it
2 of 2010 s. 21 Land Act, the Court of Appeal shall have jurisdicdt iwon to hear 
te
Cap. 113 and determine appeals from the High Court. ibu
Cap. 114 r
Cap. 141 (2) The Appellate Jurisdiction Act shall ap dpisr lty to proceedings 
in the Court of Appeal under this sectiond. o
uc
e
pro
d [s. 48]
e r
e
PART  bVIII
ay
MISCELLAN  
oEk Om US PROVISIONS
s b
o
i
Laws to be 53. In the exercise of th
o f their respective jurisdictions, the village 
applied  
Act No. land council, w a
r
pardt  tribunal, District Land and Housing 
2 of 2010 s. 21 Tribunal, High.  NC
o ourt and the Court of Appeal shall apply the 
Cap. 113 laws set outr vien
d section 190 of the Land Act.
res
e
 [s. 49]
ts
54.–l r(i
gh
Application of l
 A 1) In the exercise of its customary law jurisdiction, a 
Customary Law
Act No. nwia
.ard tribunal shall apply the customary law prevailing within 
a
2 of 2010 s. 21 z
an its local jurisdiction, or if there is more than one such law, 
of 
T
t the law applicable in the area in which the act, transaction or 
enm matter occurred or arose, unless it is satisfied that some other 
ve
rn customary law is applicable but it shall apply the customary 
5 G
o
law prevailing within the area of its local jurisdiction in 
20
2
© matter of practice and procedure to the exclusion of any other 
customary law.
(2) In the exercise of their respective jurisdictions, the High 
Court and the District Land and Housing Tribunals shall not 
refuse to recognise any rule of customary law on the grounds 
114
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
that it has not been established by evidence but may accept 
any statement thereof which appears to it to be worth of belief 
which is contained in the record of proceedings or from any 
other source which appears to be credible or may take judicial .
notice thereof.
OAG
(3) Where there is any dispute or uncertainty as to any  of
 
n
customary law whether by reason of anything contained in tihsse
io 
record of the proceedings, the grounds of appeal or other rm
pewise, 
the High Court or the District Land and Housing T t 
ouribunal 
shall not be required to accept as conclusive or b wini
thding any 
d
evidence contained in the record but shall- uteb
(a) in any case of dispute, determine tdhise
tr icustomary law 
applicable, and give judgment thde or
re on, in accordance 
with what it conceives to be th ce
deu best and most credible 
opinion or statement whiecph
ro is consistent with the 
provisions of such custome r b ary law as are undisputed; 
and ay
 m
(b) in any case of unceokbo rtainty, determine the appeal and 
give judgment is 
  ththereon, in such manner as accords as 
near as may b oefrt  to the provisions of such customary law 
as are est a
oa bp lished and certain.
. Nd [s. 50]
erv
e
s
Admissibility of 55.–(1)s  rt Ien the exercise of its jurisdiction, the High Court 
evidence shall igahAct No. l r pply the Civil Procedure Code and the Evidence Act 
l
2 of 2010 s. 20 a A
ian. d may, regardless of any other laws governing production 
Cap. 33 n
Cap. 6 za and admissibility of evidence, accept such evidence and proof 
n
GN. No.  Ta
f which appears to be worthy of belief.
225 of 200t 3o
Cap. 33en (2) The District Land and Housing Tribunals shall apply 
m
ern the regulations made under section 56 and where there 
ov
 G is inadequacy in those regulations it shall apply the Civil 
5
02 Procedure Code.
©2 [s. 51]
Limitation 56.–(1) The Customary Law (Limitation of Proceedings) Rules 
Act No.
2 of 2010 s. 21 shall apply to proceedings in the ward tribunal in the exercise 
GN. No. of its compulsive jurisdiction.
311 of 1964
Cap. 89
115
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
(2) The Law of Limitation Act shall apply to proceedings in 
the District Land and Housing Tribunal and the High Court in 
the exercise of their respective original jurisdiction.
[s. 52]
G.
A
Disestablishment 57. The following tribunals are hereby disestablished- of 
O
of tribunals  
Cap. 377 (a) the Customary Land Tribunal established under thseios  n
Customary Leaseholds (Enfranchisement) Act; mi
er
Act No. (b) the Regional Housing Tribunal and the Housing At pou ppeal 
17 of 1984 Tribunal established under the Rent Restric twiio
thn Act;
Cap. 377 (c) the Customary Land Appeals Tribunuatle 
d established 
under the Customary Leasehold (E ib
dis
ntr franchisement) 
Act.  
d o
r
e
du
c [s. 53]
ro
Savings 58.–(1) Notwithstanding the  pree rpovisions of section 57, 
GN. No.
225 of 2003 proceedings or appeals commaye 
bnced in the High Court, the 
Magistrates’ Courts, Regiok o nmal Housing Tribunal, Housing 
Appeals Tribunal, Cuis sbt
oomary Land Tribunal and the 
Customary Land A opf
 ptheals Tribunal which are pending on 
t
the date of comm pae
r ncement of this Act shall be continued, 
concluded andd. 
N odecisions and orders made thereon shall be 
executed aecrcv
eordingly as if this Act had not been passed.
(2) Ervess ery decision or order of the High Court, the 
Magiigsh
t
 r trates’ Court, Regional Housing Tribunal, Housing 
A.pAp
ll
 eals Tribunal, or Customary Land Tribunal or Customary 
nLiaza and Appeal Tribunal, which shall not have been fully executed 
n
 Ta or enforced before the date of commencement of this Act, may 
t o
f
n be executed and enforced after that day as if this Act had not 
e
rnm been passed.
ov
e (3) All proceedings or appeals under this section shall be 
25
 G
0 concluded within the period of two years from the date of 
©2 commencement of this Act.
(4) Where the High Court or the Magistrates’ Court fails 
to hear and conclude the proceedings or appeals within the 
period specified in subsection (3), the Chief Justice may, upon 
116
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
application by the Registrar, extend the time to such other time 
as he may determine.
(5) Where the tribunal fails to hear and conclude the 
proceedings or appeals within the period specified in .
subsection (3), the Minister may upon application by the 
OAG
relevant Registrar, extend the time to such other time as he of  
may determine. sio
n
is
[pse.
r m54]
t 
ou
Protection of 59. A matter or thing done by a Chairman, membiethr, officer, 
members and  w
others servant or agent of a Village Land Council or Wardte Tdu ribunal and 
Act No. District Land and Housing Tribunal shall noistt r
iibf done in good 
13 of 2017 s. 11 r d
GN. No. faith in the execution or purported execut ioon of the provisions 
225 of 2003 of this Act or of regulations made thereuenduc der, subject any such 
person to any action, liability or dem d
proand whatsoever.
 re
be [s. 55]
ay
 
Power to make 60.–(1) The Minister mayk  mo make regulations for the better 
regulations  bo
Acts Nos. carrying out of the provisisions of this Act.
13 of 2017 s. 12 (2) Without prejufd th o ice to the generality of subsection (1), 
5 of 2021 s. 50 t
GN. No. the Minister may p am
r ake in respect of the District Land and 
225 of 2003 Housing Tribu. nN
o
d al regulations prescribing-
(a) the e
e rpvractice and procedure for execution of decisions 
a s
 rned orders thereof;
(bi)g h
ts
 r the practice and procedure for hearing and determining 
All
. appeals;
nia
za (c) the manner in which appeals may be presented or filed;
an T (d) the manner in which revisional jurisdiction may be 
of
en
t exercised;
rnm (e) costs and fees;
ov
e (f) forms to be used in the proceedings;
5 G
02 (g) allowances for Chairman presiding at the District Land 
©2 and Housing Tribunal, assessors and witnesses to the 
disputes;
(h) procedures for appointment and removal of the 
Chairman and assessors from the office;
117
THE LAND DISPUTES COURTS ACT [CAP. 216 R.E. 2023]
(i) the conduct of Chairman and assessors; and
(j) any other matter or thing, which requires to be 
prescribed under this Act.
(3) Regulations made under this section shall be published 
in the Gazette. AG.
O
[s. 56] n o
f 
ss
io
Amendment of 61. [Omitted]. i
other written laws  pe
rm
t
ou [s. 57]
th
d w
i
SCHEDULE ibu
te
dis
tr
[Omitted] r 
d o
ce
rod
u
e r
ep
y b
k m
a
 bo
o
is
 of
 th
 pa
rt
No
ed
. 
se
rv
e
hts
 r
g
All r
i
nia
. 
za
Tan
t o
f 
en
ern
m
ov
5 G
02
©2
118